Legal Question in Family Law in Georgia

Re: Inherited property as the family home

It is not clearly indicated from your facts, but I am assuming that the home was inherited by him and not by the two of you together. Under Georgia law, the court in a divorce case must look at the source of funds to determine if an asset has both marital and separate components. If the house came to your husband as separate property and no marital money went to pay down any mortgage on it or was used to make any improvements on it, it may well be completely separate. You should discuss all of the facts surrounding this house with an attorney experienced in divorce cases to examine your rights further.

Re: Inherited property as the family home

I can't tell from your post who inherited the house. That means I can't answer you. Inherited property usually will remain with the person who inherited it, although things could happen since that would affect that (so again, no one without doing an extensive interview can answer you). You sound worried about property in his name, but if that was acquired during the marriage it is marital property and can be divided or awarded to you. You need to hire counsel to advise you and protect your rights. This is way beyond a quick online question.

Re: Inherited property as the family home

Your are taking a tremendous risk that you will not get whatever you are entitled to by not hiring an attorney to represent your interest. Your husband's attorney has an obligation to represent his interests, not yours, so you cannot depend on his counsel to be fully forthcoming with you about what you are entitled to; that information is up to you to discover independently.

The information above is not given in the course of an attorney client relationship and is voluntarily provided as a courtesy. No attorney/client relation has been created or should be implied.